No registration and stamp duty paid by the prospect seller

1) Document which are not registered and nor stamp duty paid , that deed is not admissible as evidence in court

2) Seller is not owner legally 

3) Myself sceptial that bank won't give housing loan on this flat .

Can others share view how to make this transcation straight (Of previous buyer) 

GW please post your state so that state person can reply with that state law if any

Thanks Madhu for your opinion.. In which case there doesn't seem to be a way out except for asking the seller to get the flat registered and then enter into an agreement. This property is located in Maharashtra and under KDMC jurisdiction.

Any other views/solutions are welcome.

Myself from Thane City

I think I did study for similar type of matter year back , but that person did not follow up , So I did not went deep in it

There is provision under

1) Maharashtra Flat Ownership Act

2) Maharashtra Stamp Act

3) Registration Act (Not sure) 

----------------------------------------------------------------------------------------------

But all this steps previous owner have to take , you can not take legally.

And most important thing is that when you do all he should not turn or change mind to sell to other party .

Legal solution is there , need to study . Give time 

Great! Thanks Madhu.. It is unlikely that the seller will change his mind. Let me know.

Sorry , for delay will look at books today to give you perfect ans. wait few hours 

Well for your case 

1) You need to check whether person who constructed building and first flat purchaser signed and registered document with proper stamp duty

2) Then first first purchaser and second purchaser transcation whether it is registered and stamp duty paid .....................

3) Presuming in this chain if any transcation is not done . Most probaly for eg. third which is not mentioned above then Second purchaser and Third Purchaser have to register Sale Deed , pay registration fee and stamp duty (as per present market value) (Old strucutre value is reduced)

4) And after this transcation you need to do transcation

5) I felt you will ask can i jump for transcation that second transcation to directly me by doing registration and stamp duty payment . I feel not proper complication will be , may be share certificate ,other documentary evidence is of this person and he may claim other or if he dies within specific time some one on his behalf . So better tell second person to do registration and stamp duty payment with third. and from third to you. 

6) Transcation within year stamp duty is reduced 

7) If with this problem is  not solving then revert back . Then need to think more and study more

I mentioned some where Registration Act ( Not sure) this statement was because there was one provision Maharashtra Flat ownership act regarding some cases , so felt like concentrating on it and then think of Registration Act. Although Flat act had priveledge for doing such kind of registration but it was ended 20 years old and 2011 notification have created problem too from registration act